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Level 2
posted Jan 28, 2023 3:28:15 PM

Why is my Husband's tax preparer telling him that because we file married separate that I shouldn't have included his information on my tax return?

Even though the rules clearly state that I have to provide his name and social, and I have filed the same way every year since we've been married and now she's saying that's why his state return is getting rejected, and it never has before, filing the exact same way as we have, Married/Separate, every year before?

0 6 536
6 Replies
Level 15
Jan 28, 2023 4:10:52 PM

Are you in a community property state?  Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin.

Level 2
Jan 28, 2023 4:29:27 PM

Yes, we live in AZ

Level 15
Jan 28, 2023 4:29:39 PM

you have to put his name on your MFS return and he has to put your name on his.

But you know that already.

 

what other information ?

If he does not take the same deduction option as you - itemized or Standard - he will be REJECTED

 

@tromero7122 

Level 2
Jan 28, 2023 4:36:13 PM

That’s exactly what I keep telling this lady.  So I really think she’s trying to get him to file single and of course my return is going to connect us.. anyway, I don’t trust her so I just filed his through Turbo Tax😁

Level 15
Jan 28, 2023 4:43:09 PM

@tromero7122 When you file married filing separately you are required to enter some information about your spouse on your tax return including your spouse's Social Security number.  The IRS cross checks to make sure you and the spouse are not double dipping for itemized deductions or claiming the same dependents, etc.  And if you are in a community property state, you have to follow even more rules. So....glad you did not use a tax preparer who seems to not know that.

 

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

 

But .....why are you filing separate returns?  That is usually the worst way to file.

 

If you were legally married at the end of 2022 your filing choices are married filing jointly or married filing separately.

Married Filing Jointly is usually better, even if one spouse had little or no income. When you file a joint return, you and your spouse will get the married filing jointly standard deduction of $25,900 (+$1400 for each spouse 65 or older)  You are eligible for more credits including education credits, earned income credit, child and dependent care credit, and a larger income limit to receive the child tax credit. 

 

If you choose to file married filing separately, both spouses have to file the same way—either you both itemize or you both use standard deduction. Your tax rate will be higher than on a joint return. Some of the special rules for filing separately include: you cannot get earned income credit, education credits, adoption credits, or deductions for student loan interest. A higher percent of your Social Security benefits may be taxable. Your limit for SALT (state and local taxes and sales tax) will be only $5000 per spouse. In many cases you will not be able to take the child and dependent care credit. The amount you can contribute to a retirement account will be affected. If you live in a community property state, you will be required to provide additional information regarding your spouse’s income. ( Community property states:  AZ, CA, ID, LA, NV, NM, TX, WA, WI)

 If  you are using online TurboTax to prepare your returns, you will need to prepare two separate returns and pay twice.

 

https://ttlc.intuit.com/questions/1894449-married-filing-jointly-vs-married-filing-separately

https://ttlc.intuit.com/questions/1901162-married-filing-separately-in-community-property-states

https://ttlc.intuit.com/questions/1894449-is-it-better-for-a-married-couple-to-file-jointly-or-separately

 

Level 15
Jan 28, 2023 4:58:41 PM

Married Filing Separately in community property states

SOLVEDby TurboTax755Updated 2 weeks ago

Filing taxes in community property states (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, Wisconsin) as Married Filing Separately (MFS) can be complicated.

Certain states have laws about community property defining how they expect MFS couples to share, or allocate, income. TurboTax has allocation screens and a worksheet to assist you in entering any adjustments your community property state may require when filing separately.

For more information, refer to IRS Publication 555 Community Property.

If you're using TurboTax Online, we recommend that you transfer your return to the TurboTax CD/Desktop version. You'll save time by entering less information.

Begin by completing a MFS federal tax return for you and your spouse, as you'll need the amounts for different income categories, tax amounts, and all tax payments for each of you. If one of you plans to itemize deductions, the other person must itemize as well. Otherwise, you'll both have to use the Standard Deduction.

You may not be able to e-file, in which case TurboTax will guide you through the steps to print and mail your return.

Entering income adjustments for a community property state

Complete the community property worksheet

Finish your tax returns